I was on Maternity Leave and STD and it was determined that my performance was the reason I had been affected. Is this even legal? I thought that is protected by FMLA? Has anyone else who was on a LOA affected, too?
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Also on leave and was laid off, yet top performer on my team and no corrective action. The call was "Due to performance and corrective action we have decided to let you go your last day is Dec 20th" Did not give me a understanding as to what that even means being my metrics prove otherwise and I have no active corrective actions???
I took FMLA and was let go, they said it wasn't performance related and I was training in a new position in a new org
@aj I can't tell if you're joking or not, but you may want attention so i'll indulge you. STD is an acronym (something you'd be used to if you work for Verizon) for Short Term Disability. My baby is fine. I hope that helps.
@OP long over due for you.
@a7 The VP of coastal plains had a call with all retail managers that said “any part time employee will have their job eliminated…..all bottom performers as ranked by your SD for YTD numbers will have their jobs eliminated and those calls are being made now.” So the part about retail riffs were told by the vice president of the market that it was performance based. I would think that you being on leave for the majority of the year should have been taken into account for your YTD numbers.
@aj This might be one of the times you giggle to yourself in response to the d-mb joke rather than sharing it? Just maybe.
OP, please have the doctor test the newborn for the STD.
@ag Whether you decide to or not, sounds like you definitely have a case. Wouldn’t hurt to consult an attorney and just get some peace of mind.
Ever since I got back from STD they have had it out for me. They even did a retroactive performance review 4 days after I returned, labeling me as a poor performer with statements that were completely false. I disputed it because it was illegal and untrue and ever since then they have made my life miserable by overloading me with work, adding undue stress and pressure with false deadlines. Not paying me for overtime also illegal, blaming me when they know they told me to work as many hours as it takes. Audio proof. The stuff done to me was evil and they want to believe they didn't due anything wrong. I have everything documented with proving discrimination and lying on audio. I can engage a lawyer, but this is all caused by 1 bad guy everyone else is a pleasure to work with I love my team. I do feel that life has a way of balancing its self out ,so sooner or later the lies will catch up to him without me exposing them.
@ab Cool story. This relates to her situation, how?
@a8 I think there’s are a lot of people today who can relate to what you’re feeling. With these numbers and seemingly no real strategy, I wouldn’t take it as a personal reflection, just that numbers had to be cut and maybe this is a catalyst to a better outcome for you in the short and long term. Many high performing and good people were let go today. I hope you find that this is a blessing in disguise. Congratulations on your new baby.
I wonder who over the layoffs…I wouldn’t mind volunteering to be let go
@a6 Was going to say the same. Maybe the group was performing well as a whole but had to be ranked and someone had to be at the bottom.
If you're not really at work contributing to the company what else would you expect?
I had a guy working for me that had every excuse under the sun (i.e., continual Dr's. appointments, sicknesses, volunteering, car problems, bicycle accidents, etc.). He than contrived an excuse to go out on Short Term Disability and was supposed to return recently but failed to show on his due date to report back I've since found out he's now retiring.
Was exhausting dealing with someone so unmotivated to work that shifted all of the burden onto others (chiefly my way).
@a8 I can sympathize with you. You'll bounce back with something better and in the meantime, you are being paid to spend time with your baby. Just know that it had nothing to do with your performance. Lots of good people let go today.
You don't have the be a bad performer to be the lowest performer. Employers losing staff have to evaluate short and long term implications of the staff they will be left with. As far as STD, being FMLA approved doesn't change your performance before or after the time you were out. If you think you were treated unfairly you can always consult an attorney, but proving it would be exceedingly difficult. You'd also have to forego your severance in order to take legal action.
They just said it was "performance based" and it was said that my immediate higher ups had no idea how the list was determined. I just feel blindsided is all :(
You are only protected while you are actually on STD or FMLA. Once you return, you are fair game. You said "it was determined that your performance was the reason". Who or what was "it"? Obviously not your immediate boss since they'd know how you were rated. The honest truth is that whoever told you that has no clue why you were selected. Performance had very little to do with this RIF.
Or other folks on the team were better performers. STD disability doesn't give you a pass during mass layoffs.
I just returned back from STD for 2 months. Been back a total of 2 weeks and laid off today. Not underperforming.
Best way to know that is through an employee lawyer
But thats the odd thing, I don't underperform when I work. I've never been on a PIP, and I've always exceeded expectations.
@a1 This is correct. FMLA doesn't protect poor performance
I think it means you were a low performer when you did work, even if it was a little time.